PLANS for a possible mayoral election in Birmingham - to take place on Thursday, October 16, 2008 - are being drawn up by the city council's top lawyer.

PLANS for a possible mayoral election in Birmingham - to take place on Thursday, October 16, 2008 - are being drawn up by the city council's top lawyer.

Chief legal officer Mirza Ahmad has told city officers that a referendum must be held alongside local elections next May if the Birmingham Mail's petition proves successful this year, and that a 'Yes' vote would trigger an election five months later.

The two-page official briefing, leaked to the Mail, outlines the exact timetable and legal status of the petition, referendum and mayoral vote, and has been sent to senior officials and election staff to enable forward planning.

Already thousands of city residents have signed the petition demanding the right to decide how their city is run, and Mr Ahmad warns that the council must be careful not to impede the public will.

He also points out that during the petition "there are legal restrictions on local authorities using expenditure designed to influence people in deciding to sign or not to sign".

He then states that once a referendum is called, the city council cannot "encourage any person to vote for or against", as legislation insists that people must "form their own judgement on the issue".

Mr Ahmad adds that the council will also be forced by law to actively take "all reasonable steps to maximise the turnout at the referendum".

He concludes: "In the event of a mayoral election being held after a successful referendum petition, such elections are usually held on the third Thursday in October."

The council insists that Mr Ahmad is merely making sensible contingency plans, but the memorandum was today claimed as a major boost for the referendum campaign.

Chris Game, Birmingham University's elected mayors expert, said: "This is good news as it is a sign that somebody in the Council House is taking this seriously. Council lawyers and officers have devoted time and attention to preparing for the petition, referendum and election."

Andrew Crossley, of Birmingham Citizens, which is actively campaigning for the people's poll, said: "We are pleased that the council is taking a serious look at the implications of our petition.

"It is good news that council officers appreciate there is sufficient interest among the people of Birmingham to gain the 36,000 signatures needed."

He added that they welcomed the aim of holding the referendum on the same day as local elections in May 2008 to save taxpayers' money.

Labour Group deputy leader Coun Ian Ward added: "Even if Coun Whitby and his Cabinet ignore calls for a referendum, city council officers are certainly taking this petition very, very seriously and are beginning to think about the logistics of planning a referendum and then an election once the 36,000 signatures are handed in."